UNION OF INDIA Vs. KRISHNA BALLABH

JUDGEMENT

(1.) The present appeal is filed against the order dated 19.9.2008 passed by the learned Single Judge in C.W.J.C. No. 11212 of 2005. The respondent being petitioner is filed writ petition aggrieved by the inaction of the appellant B.S.N.L. in not issuing the appointment letter for the post of Junior Telecom Officer-2002 as he was successful in the examination held on 9.6.2002.

(2.) It is the contention of the respondent before the learned Single Judge that even though an allegation was made against him on the ground that he had adopted unfair means in the examination for the post of J.T.O. in 2002 and the same was found not true during the course of enquiry. The appellant B.S.N.L. submits that a C.B.I. Case No. R.C. 43A/97/Pat. is pending against him and by the order of the D.G.M. (Vigilance) dated 03.12.2003 recruitment of the petitioner-respondent herein B.S.N.L. was kept in abeyance on account of regular C.B.I, case is pending against him; The matter has been contested by the B.S.N.L.

(3.) The learned Single Judge has observed that the C.B.I, case pertains to an incident that offence occurred relating to the student carrier as Engineering student which was with reference to adopt manipulation and use of unfair means. The learned Single Judge having found that it is a new ground inserted by the B.S.N.L. to keep the appointment of the petitioner in abeyance, has quashed the order of the appellant's authority and directed the department to issue order for training of the respondents and on completion of the training period issue appointment letter for the post of Junior Telecom Officer. Aggrieved by the same the B.S.N.L. has chosen to file the appeal.